Section 191 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 191 of the Bharatiya Nyaya Sanhita (BNS), 2023 – Rioting
Section 191 of the Bharatiya Nyaya Sanhita, 2023, defines the offense of rioting and outlines the corresponding punishments. This provision is designed to address situations where force or violence is used by members of an unlawful assembly in furtherance of a common objective
📜 Text of Section 191
Definition of Rioting
Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offense of rioting.
Punishment for Rioting
Whoever is guilty of rioting shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Punishment for Armed Rioting
Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offense, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
⚖️ Key Aspects
Unlawful Assembly: An unlawful assembly is defined under Section 189 of the BNS as an assembly of five or more persons with a common criminal objective
Collective Responsibility: All members of an unlawful assembly are equally culpable for any offense committed by any member in furtherance of the common object, even if they did not directly participate in the act of violence.(
Punishment:
General Rioting: Imprisonment for up to two years, a fine, or both.
Armed Rioting: Imprisonment for up to five years, a fine, or both.
📚 Comparison with Indian Penal Code (IPC)
Section 191 of the BNS consolidates and replaces the following provisions of the Indian Penal Code:
Section 146 IPC: Rioting—Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offense of rioting.
Section 147 IPC: Punishment for rioting—Whoever is guilty of rioting shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 148 IPC: Rioting, armed with deadly weapon—Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offense, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
The BNS provisions have streamlined these sections into a single provision, with an increased maximum punishment for armed rioting (up to five years) compared to the IPC's three years.
🛡️ Purpose and Intent
The primary objective of Section 191 is to deter public disorder by holding individuals accountable for their participation in unlawful assemblies that resort to violence. The law treats all participants as equally responsible, reinforcing the principle of collective accountability. The increased punishment for armed rioting reflects the heightened threat to public safety posed by the use of deadly weapons.(
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